VI. RESEARCH AND CREATIVE ENDEAVOR (Cont.)

a. Right. A Respondent who has applied for or received support from a federal funding source for the Research or Creative Activity in relation to which the Misconduct occurred has the right under certain circumstances to appeal a finding of Misconduct by an Investigative Committee to that federal funding source. In addition, all Respondents who are found to have committed Misconduct have the right to an internal University appeal. During appellate proceedings no sanction will be imposed and no disciplinary proceeding will be commenced as a consequence of the finding of Misconduct. 

b. External Appeal Record. If the Respondent appeals a finding of Misconduct by an Investigative Committee to a federal funding source, the RIO shall attempt to obtain copies of all documents filed in that appeal. 

c. Procedure.

(1) Internal Appeal. The Respondent may appeal a finding of Misconduct to the RIO within 30 days of the date of the finding. The appeal must be in writing and must set forth the reasons (whether substantive or procedural) the Respondent believes the finding of Misconduct is wrong. The RIO will submit the appeal to the President for decision. 

(2) Review and Recommendation. The President may appoint a University faculty member or administrator who does not have a Conflict of Interest and who has not previously been involved in the review of the Allegation under these Procedures to review the Misconduct Proceeding Records and the appeal and make recommendations to the President. 

(3) Request for Additional Information. The President, or the President's designee, may request further information about the Misconduct Proceedings in writing from the RIO. A copy of such information shall be provided to the Respondent. 

(4) Basis for Decision. The President's decision on the appeal shall be based on the Misconduct Proceeding Records, as clarified or supplemented by the RIO in response to any request for further information about the Misconduct Proceedings, and the Respondent's appeal.

d. New Evidence. If the RIO or the Responsible Administrator learns of previously unavailable material Evidence relevant to the finding of Misconduct during the appeal, the RIO shall inform the President and the Respondent of the new Evidence. If the President concurs that the new Evidence could materially affect the finding of Misconduct, the President shall remand the finding of Misconduct to the Investigative Committee that made the finding for its consideration of the new Evidence. The Investigative Committee shall notify the President within 14 days that it finds the new Evidence immaterial to its prior finding or that it wishes to reopen the matter. The President may extend this period for good cause by notice to the Respondent and the RIO.

e. Decision. The President shall issue a decision and rationale affirming or reversing the finding of Misconduct within 30 days after the submission of the appeal to the RIO. The President may extend this period for good cause by notice to the Respondent and the RIO.